Bombay High Court Upholds Arbitral Award Granting Specific Performance Of Development Agreement Between BTRA & Nilkanth Enterprise

The Bombay High Court recently dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) upholding a 2017 arbitral award directing specific performance of a long negotiated development transaction concerning 57,000 sq. m. of land in Ghatkopar (West), Mumbai. Justice Somasekhar Sundaresan held that “there is nothing on record to show...

LiveLawBiz: Business Law Daily Round-Up: December 14, 2025

TAX Third-Country Invoicing Inapplicable For Electronic/Non-Electronic Toy Parts From China For Preferential Customs Duty Benefit: Mumbai AARIncome Tax Act | Gross Receipts Cannot Be Taxed As Income Without Deducting Expenses: Bombay High CourtArbitrationS.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High...

Withdrawal Of Consent Of Affiliation By Jamia Hamdard Violated Orders, Frustrated Arbitral Process: Delhi High Court Restores 150 MBBS Seats

The Delhi High Court on December 8th, 2025 held that the withdrawal of the Consent of Affiliation (CoA) by Jamia Hamdard Deemed University (JHDU), necessary for the 150 MMBS seats in the Hamdard Institute of Medical Sciences & Research (HIMSR) violated the binding arbitral and court orders, “frustrating” the arbitral process. The Bench comprising of Justice Jasmeet Singh, holding...

Review Petition Can't Be Entertained Against Order Refusing To Appoint Arbitrator: Kerala High Court

The Kerala High Court held that review petitions challenging orders passed under section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) are not maintainable, reiterating that the arbitration act is a self contained code and does not permit substantive review unless expressly provided. Justice S. Manu dismissed a review petition filed against an order passed by...

S.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High Court

The Kerala High Court dismissed an arbitration request filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the applicants failed to send a valid notice under section 21 which is a pre-condition for invoking jurisdiction of the court for appointment of an arbitrator. Justice S. Manu held that email relied upon by the applicants...

LiveLawBiz: Business Law Daily Round-Up: December 13, 2025

TAX GST | Non-Mentioning Vehicle Number In Part-B Of E-Way Bill Is Curable Defect: Karnataka High CourtGST Abolished Ad Tax, Doesn't Bar Municipal Licence Fees on Hoardings: Bombay High CourtDelhi High Court Flags Validity Of Reports In IGST Refund Denial On Export Of Mouth Fresheners/Pan Masala; Directs Expeditious ExaminationDelhi HC To Hear IndiGo's Plea For ₹900+ Crore IGST &...

Delay Attributable To State: Sikkim High Court Affirms Arbitral Award Of ₹5.88 Crore; Rejects State's Challenge

The High Court of Sikkim dismissed an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by the State of Sikkim and its Power Department challenging an arbitral award that granted escalation and interest to contractor for work executed on a 66/11KV sub-station project at Mangan. A Division Bench comprising Chief Justice Biswanath Somadder...

Power To Extend Mandate Of Arbitrator Appointed By HC Rests Exclusively With High Court: Calcutta High Court

The Calcutta High Court dismissed a revisional application filed by Cosmic MAPL JV challenging the Commercial Court's refusal to extend the mandate of an arbitrator under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Shampa Sarkar held that in cases where the referral court is the High Court under section 11, it also...

Writ Petition Filed To Bypass Pre-Deposit Requirement Under MSMED Act Is Not Maintainable: Calcutta High Court

The Calcutta High Court dismissed a petition filed under Article 227 of the Constitution challenging an award passed by the West Bengal Micro & Small Enterprises Facilitation Council (MSEFC), holding that the petition was not maintainable and was filed to evade pre-deposit requirement under section 19 of the MSMED Act, 2006. Justice Hiranmay Bhattacharyya held that the...

LiveLawBiz: Business Law Daily Round-Up: December 12, 2025

TAXCustoms | Goods Cannot Be Confiscated Solely On Local Market Survey/Opinion Without Proof Of Smuggling: CESTAT AllahabadCENVAT Credit Rules | Storage Of Finished Goods Outside Factory Due To Space Constraints Covered Under Rule 2(l); Credit Cannot Be Denied: CESTATIncome Tax Disputes Before HCs Doubled In Value Over Past Four Financial Years: Govt Tells Rajya SabhaCustoms Act | Mens...

Section 36 After 2015 Amendment: Security As Price Of A Stay

It has been a decade since the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment) came into force and fundamentally altered arbitration in India. One of the most important changes the 2015 amendment brought in was the insertion of a new section 36, which removed automatic stays of awards upon the filing of a challenge under Section 34.Post the 2015 amendment, unconditional stays of arbitral awards are rare, especially when the award directs payment to the successful...

Delhi High Court Rejects DDA's Arbitration Appeal, Holds Revaluation Of Evidence Impermissible U/S 37 A&C Act

The Delhi High Court on December 11, 2025 upheld an Arbitral Award that favoured a contractor, M/s Harjinder Brothers, in a dispute over encashment of a bank guarantee and non-payment of "watch and ward" security expenses, dismissing an appeal filed by the Delhi Development Authority (DDA). The Court presided by Hon'ble Justice Chandrasekharan Sudha reaffirmed that the appellate courts are...